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Full-Text Articles in Law

Does Dworkin Commit Dworkin’S Fallacy?: A Reply To Justice In Robes, Michael S. Green Apr 2008

Does Dworkin Commit Dworkin’S Fallacy?: A Reply To Justice In Robes, Michael S. Green

Faculty Publications

In an article entitled ‘Dworkin’s Fallacy, Or What the Philosophy of Language Can’t Teach Us about the Law’, I argued that in Law’s Empire Ronald Dworkin misderived his interpretive theory of law from an implicit interpretive theory of meaning, thereby committing ‘Dworkin’s fallacy’. In his recent book, Justice in Robes, Dworkin denies that he committed the fallacy. As evidence he points to the fact that he considered three theories of law—‘conventionalism’, ‘pragmatism’ and ‘law as integrity’—in Law’s Empire. Only the last of these is interpretive, but each, he argues, is compatible with his interpretive theory of meaning, which he describes …


The Reasonable Person In Trademark Law, Laura A. Heymann Apr 2008

The Reasonable Person In Trademark Law, Laura A. Heymann

Faculty Publications

No abstract provided.


Considering William And Mary's History With Slavery: The Case Of President Thomas Roderick Dew, Alfred L. Brophy Apr 2008

Considering William And Mary's History With Slavery: The Case Of President Thomas Roderick Dew, Alfred L. Brophy

William & Mary Bill of Rights Journal

Amidst the recent apologies for slavery from the legislatures of Virginia, Maryland, North Carolina, Alabama, New Jersey, and Florida, there is significant controversy over the wisdom of investigations of institutions' connections to slavery and apologies for those connections.' The divide over attitudes toward apologies falls along racial lines. This Article briefly looks to the controversy on both sides of the apology debates. Among those questions about investigations of the past, universities occupy a special place. Efforts at recovery of their connections to slavery include a study released by graduate students at Yale University in 2001,2 a report by Brown University's …